header-logo header-logo

24 March 2011
Issue: 7458 / Categories: Legal News
printer mail-detail

Cells not patentable

Totipotent cells, which carry within them the potential to evolve into complete human beings, are human embryos and therefore not patentable, according to an Advocate General’s Opinion.

Totipotent cells, which carry within them the potential to evolve into complete human beings, are human embryos and therefore not patentable, according to an Advocate General’s Opinion.

Neither can a procedure using other embryonic stem cells, known as pluripotent cells, be patented where it first requires the destruction or modification of the embryo, Advocate General Yves Bot said.

Brüstle v Greenpeace eV (C-34/10) concerned a patent held by Mr Brüstle for a stem cell treatment for neural defects, which was being developed to help patients suffering from Parkinson’s disease.

Interpreting Directive 98/44/EC, the “Biotech Directive”, Bot said totipotent cells must be legally classified as embryos since they appeared after fusion of the gametes and therefore had the capacity of developing into fully formed human beings.

While pluripotent cells lacked this capacity, they could not be patentable if they were obtained through the destruction or modification of an embryo.
However, Bot said that uses of human embryos for industrial or commercial purposes could be allowed where these were therapeutic or useful to the human embryo, for example, to correct a malformation and ensure its survival.
 

Issue: 7458 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll